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Metro

Hiram: You can’t boot me

ALBANY — Convicted Queens lawmaker Hiram Monserrate said yesterday he won’t give up his state Senate seat even if ousted by his peers as expected later this month.

The Senate committee weighing Monserrate’s fate could as soon as tomorrow deliver its final report — recommending both censure and expulsion, Senate sources said.

Republicans are expected to call for an immediate vote to oust the East Elmhurst Democrat, who was convicted in October of misdemeanor assault for roughing up his girlfriend.

But Monserrate’s attorney, Joseph Tacopina, said yesterday the senator won’t relinquish his seat even if the chamber gives him the boot — setting up a lengthy court battle.

“The committee has absolutely no legal authority to expel him,” Tacopina said.